Posts tagged "Product liability"

Some Montana residents may have heard about supplements that contains powdered caffeine, which a form of the drug some 80 percent of Americans reportedly consume each day with their coffee. Except that powdered caffeine does not occur naturally and is much more potent and volatile than coffee's caffeine, allegedly. Thus, the supplement's potential for abuse has provoked alarm among federal regulators, authorities reported on Dec. 29

Montana consumers may purchase defective products unknowingly. If injury results, a consumer may recover some of the financial loss incurred as a result of the injury. Liability law is not governed by federal laws, and state statutes are used. Under the concept of strict liability, a consumer is obligated to prove they were harmed by the defective product without proving manufacturer negligence.

The concept underlying product safety is that companies are responsible for ensuring the effectiveness and safe operation of the products they sell to the public. This basis of trust can be undermined, however, by a negligent manufacturer who knowingly or inadvertently makes an inherently dangerous product as a result of a design defect.

The state of Montana was one of many that filed suit against Janssen Ortho LLC and Janssen Pharmaceuticals, Inc., over the marketing of Risperdal, an atypical antipsychotic medication that is used to treat various psychological disorders. The drug is the source of several product liability claims that have either been settled or are still pending.

On behalf of Cok Kinzler PLLP posted in Products Liability on Thursday, February 13, 2014.

Recent explosive train derailments have put safety concerns in the oil industry back in the limelight. Just Last year, 47 people died when a train carrying oil derailed in Quebec. Issues have been raised over shipping oil by rail and inaccurate labeling of containers. Recently, the Department of Transportation cited three large oil companies for mislabeling their crude oil tanker cars. Of the 18 samples taken from cargo tanks, 11 were found to be mislabeled. The department’s Pipeline and Hazardous Materials Safety Administration fined the three companies $93,000.

On behalf of Cok Kinzler PLLP posted in Products Liability on Wednesday, January 29, 2014.

The death of an unborn child can be a painful and difficult experience for loved ones. A Montana patron who suffers an injury due to product liability may be angry and feel confused about his or her rights regarding the accident. An injured woman recently made the decision to pursue a wrongful death lawsuit against a large national retailer for product liability in a situation that possibly took the life of her unborn baby.

In the last half of the year, three train explosions have taken place that could potentially be due to product liability of crude oil contained and mislabeled in tanker cars. Reports indicate that many people in Montana and across the nation have shown concern for the reliability and safe transport of oil via train. An oil and gas worker or train employee who experiences an injury from an accident during crude oil transport could seek compensation for pain and suffering caused by potential product liability.

The Bakken oil formation extends into Montana, and its shale is a regular source of crude oil. Most often, this crude oil is harvested and transported via train and pumped through the popular Line 9 pipe, which extends through Montana as well as a few other states and into international territory. The product liability of Montana Bakken oil could be extreme due to its toxic properties and flammability risks. A person who is injured by the inappropriate storage or transport of the crude oil may seek restitution for product liability.

A Montana driver who experiences a car accident from a defective product installed in their vehicle could face potentially life-threatening injuries. A victim may seek guidance in pursuing compensation for damages and the threat to their life. One recent defective product lawsuit against General Motors Corporation was instigated by a man who experienced dangerous situations due to possible malfunctions with his vehicle.

Montana patients that make the decision to move forward with a hernia surgery place their trust in a chosen medical provider and also the mesh product for quality, durability and a successful procedure. The healing process of an implanted medical product can be devastatingly changed when a person suffers from its failure only a short time later, prompting them to possibly seek legal action for the painful malfunction. A recent defective product lawsuit over a hernia mesh patch implant continues to move through the legal process as the victim seeks recompense.

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